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Non-Governmental Organisations Act

THE NON-GOVERNMENTAL ORGANISATIONS ACT, 2015
ARRANGEMENT OF SECTIONS
P
ART I—P RELIMINARY
Section
1. Title
2. Commencement
3. Interpretation
4. Objects of the Act
P
ART II—T HE NATIONAL BUREAU FOR
NON -G OVERNMENTAL ORGANISATIONS
5. Establishment of the Bureau
6. Functions of the Bureau
7. Powers of the Bureau
8. Common seal of the Bureau
P
ART III—B OARD OFDIRECTORS
9. Membership of the board of directors
10. Tenure of office of members of the board of directors
11. Functions of the board of directors
12. Meetings of the board of directors
13. Remuneration of the members of the board of directors
P
ART IV—C OMMITTEES AND SUB -C OMMITTEES OF
THE BOARD OFDIRECTORS
14. Committees and sub-committees
15. Procedure of committees and sub-committees
P
ART V—M ANAGEMENT AND STAFF OFTHE BOARD
16. Executive Director
17. Secretary to the board of directors
18. Other staff
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Section
PART VI—R EGIONAL OFFICES OFTHE BOARD AND
DISTRICT AND SUB COUNTY NON -G OVERNMENTAL
ORGANISATIONS COMMITTEES
19. Branch offices of the Board
20. District Non-Governmental Organisations Monitoring Committee
21. Subcounty Non-Governmental Organisations Monitoring
Committee
P
ART VII—F INANCIAL PROVISIONS
22. Funds of the Bureau.
23. Estimates
24. Power to open and operate bank accounts
25. Financial year of the Bureau.
26. Accounts
27. Audit
28. Annual report
P
ART VIII—R EGISTRATION AND INCORPORATION OF
NON -G OVERNMENTAL ORGANISATIONS
29. Registration of organizations with the Bureau.
30. Refusal to register
31.Application and Issuance of permit
32. Application and Issuance of permit
33. Renewal of a permit
34 Grounds for revocation of a permit
35 Registration of organizations incorporated outside Uganda
36 . Exemption of organizations
P
ART IX—S ELF -R EGULATION , A DMINISTRATIVE AND
REPORTING OBLIGATIONS
37. Formation of self-regulatory body
38. Self-regulatory mechanisms
39. Annual returns, estimates and furnishing of information
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Section
PART X- O FFENCES AND PENALTIES
40. Offences and Penalties
P
ART X—M ISCELLANEOUS
41. Inspection
42. Protection from liability
43. Assistance to the Board
44. Special obligations
45. Staffing of organisations
46. Business operations of organisations
47. Affiliated organisations
48. Dissolution
49.Voluntary dissolution
50 Dissolution by court
51. Composition or scheme of arrangement
52. Adjudication and Appeals mechanism
53. Adjudication Committee
54. Minister’s Powers
55. Regulations
56. Repeal of the Non-Governmental Organisations Act, Cap. 113 and
savings
P
ART XI—S AVINGS AND TRANSITIONAL PROVISIONS
57. Vesting of assets and liabilities
58. Continuation of the Board and employment of employees of the
Board
59.Continuation of operation of organisations
SCHEDULES
Schedule 1—currency point
Schedule 2—Meetings of the Board
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Act Non-Governmental Organisations Act 2015

Act Non-Governmental Organisations Act 2015
THE NON-GOVERNMENTAL ORGANISATIONS ACT, 2015.
An Act to repeal and replace the Non-Governmental
Organisations Act Cap. 113; to provide a conducive and an
enabling environment for the Non-Governmental Organisations
sector; to strengthen and promote the capacity of Non–Governmental Organisations and their mutual partnership with
Government; to make provision for the corporate status of the
National Bureau for Non-Governmental Organisations and
provide for its capacity to register, regulate, coordinate and
monitor Non-Governmental Organisations activities; to provide
for the board of directors; to provide for the establishment of
branch offices of the Bureau, District Non-Governmental
Organisations Monitoring Committees, Subcounty Non-Governmental Organisations Monitoring Committees, to make
provision for special obligations of Non-Governmental
Organisations and to provide for other related matters.
DATE OF ASSENT :
Date of Commencement:
BEITENACTED by Parliament as follows—
P
ART I—P RELIMINARY
1. Title
This Act may be cited as the Non-Governmental Organisations Act,
2015.
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2. Commencement
This Act shall come into force on a date appointed by the Minister by
statutory instrument.
3. Interpretation
In this Act, unless the context otherwise requires—
“Bureau” means the National Bureau of Non-Governmental
Organisations established under section 5;
“board of directors” means the board of directors established
under section 9;
“CBOs” means Community Based Organisations;“Chairperson” means the Chairperson of the Board appointed
under section 9;
“Community Based Organisation” means an organisation
operating at a subcounty level and below whose objectivesis to promote and advance the wellbeing of the members ofthe community;
“continental organisation” means an organisation that has its
original incorporation in any African country, other than
the Partner States of the East African Community, and ispartially or wholly controlled by citizens of one or moreAfrican countries, other than the citizens of the PartnerState of the East African Community, and is operating in
Uganda under the authority of a permit issued by theBureau;
“currency point” has the value specified in Schedule 1;
“dissolution” means the cessation of operations of an
organisation, voluntarily or by order of the court;
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“DNMC” means District Non-Governmental Organisations
Monitoring Committee;
“emergency situation” means a situation of a serious nature that
develops suddenly and unexpectedly and poses animmediate risk to health, life, property or the environment;
“Executive Director” means the Executive Director of the
Bureau appointed under section 16;
“foreign organisation” means an organisation that does not have
original incorporation in any country, and is partially orwholly controlled by citizens of other countries, other thanthe citizens of the Partner States of the East African
Community, and is operating in Uganda under the authorityof a permit issued by the Bureau;
“indigenous organisation” means an organisation that is wholly
controlled by Ugandan citizens;
“international organisation” means an organisation that has its
original incorporation in a country, other than a PartnerState of the East African Community and is partially orwholly controlled by citizens of one or more countries,other than the citizens of the Partner States of the East
African Community, and is operating in Uganda under theauthority of a permit issued by the Bureau;
“Minister” means the Minister responsible for internal affairs;
“Organisation” means a legally constituted non-governmental
organisation under this Act, which may be a private
voluntary grouping of individuals or associationsestablished to provide voluntary services to the communityor any part, but not for profit or commercial purposes;
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“permit” means a permit issued by the Board under section 31,
granting permission to an organisation to operate;
“regional organisation” means an organisation incorporated in
one or more of the Partner States of the East African
Community, and which is partially or wholly controlled bycitizens of one or more of the Partner States of the East
African Community, and which is operating in Ugandaunder the authority of a permit issued by the Bureau;
“register” means a record of all organisations registered under
the Act that is maintained by the Bureau in both electronicand hard copy;
“SNMC” means Subcounty Non-Governmental Organisations
Monitoring Committee.
4. Objects of the Act
The objects of this Act are to—
(a) establish an administrative and regulatory framework
within which orgainsations can conduct their affairs;
(b) promote and require organisations to maintain high
standards of governance, transparency and accountability;
(c) promote a spirit of cooperation, mutual partnership and
shared responsibility between the organisations sector, the
Ministries, Departments and Agencies of Government andother stakeholders dealing with organisations;
(d) provide the development of strong organizations and to
facilitate the formation and effective function of
organisations for public benefit purposes;
(e) promote and strengthen the capacity of the organisations
sector that is sustainable and able to deliver servicesprofessionally;
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(f) promote the development of self-regulation among
organisations;
(g) provide an enabling environment for the organisations
sector;
(h) strengthen the capacity the Bureau; and
(i) promote and develop a charity culture that is voluntary,
non-partisan and relevant to needs and aspirations of thepeople of Uganda.
P
ART II—T HE NATIONAL BUREAU FOR NON -G OVERNMENTAL
ORGANISATIONS
5.Establishment of the Bureau
(1) There is established a National Bureau for Non-
Governmental Organisations.
(2) The Bureau shall be a body corporate with perpetual
succession and a common seal and shall have power to sue and besued in its corporate name.
(3) The Bureau may for, and in connection with its functions
under this Act—
(a) purchase, acquire, hold, manage and dispose of any
movable and immovable property;
(b) enter into any contract or other transaction it may deem
expedient; and
(c) do all acts and things as a body corporate may lawfully do.
6. Functions of the Bureau
The functions of the Bureau are—
(a) to advise the Minister on the policy relating to the
operations of organisations;
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(b) to formulate, develop and issue policy guidelines for
DNMCs and SNMCs for the effective and efficient
monitoring of the operations of the organizations.;
(c) to establish branch offices of the Bureau;
(d) to formulate and develop policy guidelines for DNMCs,
SNMCs, and CBOs;
(e) to make recommendations to the relevant authorities with
regard to employment of noncitizens by an organisation, on
whether an organisation may be exempted from taxes andduties or be accorded any other privileges or immunities;
(f) to coordinate the establishment and functions of a National
Non Governmental Organisations consultative anddialogue platform;
(g) to establish and maintain a register of organizations;
(h) to consider applications for issuance and renewal of
permits; and
(i) perform any other function prescribed by or under this Act
or as may be directed in writing by the Minister.
7. Powers of the Bureau
(1) The Bureau shall have power to—
(a)co-opt technical officers to deal with specific issues;
(b) summon and discipline organisations by either—
(i) warning the organisation; (ii) suspending the permit of the organisation;
(iii) exposing the affected organisation to the public;
(iv) blacklisting the organization; or
(v) revocation of an organisation’s permit.
(c) charge fees for any services performed by the Bureau.
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(2) The Bureau shall before taking any action against an
organisation under subsection (1), give the organisation theopportunity to be heard.
8. Common seal of the Bureau
(1) The Bureau shall have a common seal which shall be kept in
the custody of the Executive Director.
(2) The affixing of the common seal of the Bureau shall be
authenticated by the signature of the Executive Director.
(3) Every document purporting to be an instrument issued by the
Bureau, sealed with the official seal of the Bureau, and isauthenticated in the manner provided by this section, shall bereceived and deemed to be such an instrument without further proofunless the contrary is shown.
P
ART III—B OARD OFDIRECTORS
9. Board of directors
(1) The governing body of the Bureau is the board of directors.
(2) The board of directors shall be appointed by the Minister and
approved by Cabinet and shall consist of—
(a) a chairperson;
(b) a vice chairperson;
(c)two representatives from the Non-Governmental
Organizations Sector in Uganda; and
(d) Three other persons.
(3) A member of the board of directors shall have proven
experience of at least 10 years in the relevant field—
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(4) At least one third of the members of the board of directors
shall be female.
(5) A member of the board of directors shall—
(a) be a citizen of Uganda;and
(b) be of high moral character and proven integrity.(6) A member of the board of directors may resign his or her
office by writing to the Minister or may be removed from office by
the Minister on any of the following grounds—
(a) inability to perform the functions of his or her office arising
out of physical or mental incapacity;
(b) incompetence;
(c) conflict of interest;
(d) is convicted of a criminal offence in respect of which a
penalty of imprisonment of one year or more is imposedwithout the option of a fine;
(e) is adjudged bankrupt;
(f) abuse of office; or
(g) failure to attend four consecutive board of directors
meetings without prior permission of the chairperson, orabsence from Uganda for more than twelve months.
(7) Where a member of the board of directors dies, resigns or for
any reason ceases to be a member, the Minister may appoint another
person to take the place of that member, and the person appointed,
shall hold office until the expiration of the term of the member inwhose place he or she was appointed.
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10. Tenure of office of members of the board
A member of the board of directors shall hold office for a period of
three years and is eligible for reappointment for one further term.
11. Functions of the Board
The board of directors is responsible for—
(a) overseeing implementation of the Bureau’s policies and
programmes in the organisations sector;
(b) reviewing and approving strategic plans of the Bureau;
(c) reviewing and approving the annual plans and budget of
the Bureau;
(d) approving the annual reports and accounts of the Bureau;
(e) establishing and approving rules and procedures for proper
financial management and accountability of the Bureau;
(f) determining and reviewing the structure and staffing levels;
(g) appointing staff of the Bureau;(h)establishing and approving rules and procedures for
appointment, discipline, termination of services andgeneral personnel matters;
(i) determining and reviewing terms and conditions of service
of staff of the Bureau; and
(j)to perform such other functions as may be prescribed by
law.
12.Meetings of the board of directors
The meetings of the Board shall be conducted in accordance with
Schedule 2.
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13. Remuneration of the board of directors
The chairperson, vice chairperson and members of the board of
directors shall be paid such remuneration as the Minister may, inconsultation with the Minister responsible for finance, determine.
P
ART IV—C OMMITTEES AND SUB -C OMMITTEES OFTHE BOARD OF
DIRECTORS
14. Committees and sub-committees
(1) The board of directors may establish committees and sub-
committees for the efficient performance of their functions under thisAct.
(2) A committee or sub-committee established under this section
may comprise members of the board of directors or members of thestaff or both.
(3) The board of directors may assign to any committee or sub-
committee established under this section, functions subject toconditions and restrictions as the board of directors may determine.
(4) A decision of the committee or sub-committee shall be
subject to confirmation by the board of directors before beingimplemented.
(5) A member of a committee or sub-committee shall disclose
conflict of interest.
15. Procedure of committees and sub-committees
Except as expressly provided under this Act, the procedure of
committees or sub-committees established under section 14 shall beprescribed by the board of directors.
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PART V—M ANAGEMENT AND STAFF OFTHE BUREAU
16. Executive Director
(1) There shall be an Executive Director of the Bureau who will
be appointed by the Minister on the recommendation of the board ofdirectors for a period of four years, eligible for reappointment for onefurther term on terms and conditions specified in the instrument ofappointment.
(2) The Executive Director shall be a person of high moral
character and proven integrity, with the relevant qualifications andexperience in any of the following fields; Public administration and
management, law, economics or any other applicable qualification.
(3) The Executive Director shall be an ex-officio member of the
board of directors.
(4) The Executive Director shall be the chief executive officer of
the Bureau and shall be subject to the general supervision and controlof the board of directors, and shall be responsible for—
(a) the day to day operations of the Bureau;
(b) the management of the funds of the Bureau;
(c) the administration and management of the property of the
Bureau;
(d) the supervision and control of the officers and other staff of
the Bureau;
(e) keeping a register of registered organisations;
(f) implementing the decisions of the board of directors;
(g) reporting to the board of directors on the operations of the
Bureau;
(h) certifying documents upon payment of the prescribed fee;
and
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(i) performing any other functions assigned to him or her by
the board of directors.
(5) The Minister may, on recommendation of the board of
directors, remove the Executive Director from office for—
(a) inability to perform the functions of that office due to
infirmity of mind or body;
(b) misbehaviour or misconduct;
(c) incompetence; or
(d) is declared bankrupt.
17. Secretary to the Bureau
(1) There shall be a secretary to the Bureau who shall be
appointed by the Board for a period of four years and eligible forreappointment for one further term on terms and conditions specifiedin the instrument of appointment.
(2) The Secretary to the Bureau shall be the Principal Legal
adviser to the Board and Bureau;
(3) The Secretary to the Bureau shall perform such functions as
the Executive Director may direct and in addition, shall beresponsible for—
(a) arranging the business at meetings of the board of directors;
(b) taking the minutes of the meetings of the board of directors;
and
(c) keeping the records of the decisions and other policy
records of the board of directors;
(4) In the performance of his or her duties, the secretary shall
report to the Executive Director.
(5) The secretary to the Bureau shall possess the relevant
professional qualifications.
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18. Other staff
(1) The board of directors may employ officers and employees
as may be necessary for the proper and efficient discharge of theobjects and functions of the Bureau.
(2) The officers and employees appointed under this section
shall hold office on terms and conditions determined by the board ofdirectors.
(3) Without prejudice to the general effect of subsection (2), the
board of directors may provide for payment to its officers andemployees of salaries, allowances, pensions, gratuities or otherretirement benefits and may require them to contribute to anypension, provident fund or superannuation scheme.
(4) Public officers may be seconded to the service of the Bureau
or may otherwise give assistance to the Bureau.
(5) The board of directors may, subject to any conditions and
restrictions delegate any of its powers under subsection (1) to a
committee of the board of directors, the executive director or anyemployee of the Bureau.
P
ART VI—T HE DISTRICT AND SUB -C OUNTY NON -G OVERMMENTAL
ORGANISATION M ONITORING COMMITTEES
19. Branch Offices of the Bureau
(1) There is established offices of the Bureau.
(2) The functions of branch offices of the Bureau are—
(a) to supervise DNMCs;(b)to maintain a register of the registered organisations and
CBOs within the region;
(d) to perform any other function that the Bureau shall deem fit
and necessary for purposes of giving effect to this Act.
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20. District Non-Governmental Organisations Monitoring
Committee
(1) There is established a DNMC in each district.
(2) The DNMC shall comprise of—
(a) the Chief Administrative Officer who shall be the
chairperson of the committee;
(b) the District Community Development Officer who shall be
secretary to the committee;
(c) the District Health Officer;
(d) the District Internal Security Officer; and
(e) a representative of organisations in the district;
(f)‘the District Education Officer; and
(g)the Secretary for Gender and Community Services.
(3) The committee may co-opt technical officers to deal with
specific issues.
(4) The functions of the DNMC are to—
(a) to consider applications for registration by CBOs;
(b) to keep and update the register of CBOs;
(c) to monitor and supervise SNMCs;
(d) to recommend organisations to the Board for registration;
(e) to advise the District Councils on matters of registration
and monitoring of organisations;
(f) to monitor and provide information to the Board regarding
activities and performance of organisations in the district;
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(g) to guide and monitor CBOs in the provision of their
services; and
(h) to implement policy guidelines for CBOs.
(5) Community Based Organisations shall be required to register
with the DNMCs.
21. Subcounty Non-Governmental Organisations Monitoring
Committee
(1) There is established a SNMC in every sub-county in Uganda.
(2) The SNMC shall comprise of—
(a) the Senior Assistant Secretary who shall be the Chairperson
of the committee;
(b) Sub county Community Development Officer of the
subcounty who shall be Secretary to the committee;
(c)the sub county Health Inspector;
(d)the Gombolola Internal Security Officer (GISO); and
(e) a representative of organisations in the subcounty.
(3) The functions of the SNMC are—
(a) to recommend CBOs to the DNMC for registration;
(b) to advise the DNMC on matters of organisations and CBOs
in the subcounty;
(c) to provide the CBOs in the subcounty with guidelines to
enable them effectively participate in the implementation,
monitoring and evaluation of programmes;
(d) to monitor and provide information on activities of the
organisations in the subcounty to the DNMC;
(e) to report to the DNMC on matters of the organisations in
the subcounty; and
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(f) to perform any other function that the Board shall deem
necessary for purposes of giving effect to this Act.
P
ART VII—F INANCIAL PROVISIONS
22. Funds of the Bureau
(1) The funds of the Bureau shall consist of money appropriated
by Parliament for the purposes of the Bureau.
(2) All non-tax revenue raised by the Bureau shall be remitted to
the consolidated fund.
(3) The Bureau shall at all times comply with the Public Finance
Management Act, 2015.
23. Estimates
(1) The Executive Director shall, within three months before the
end of each financial year, cause to be prepared and submitted to theboard of directors for its approval, estimates of the expenditure of the
Bureau for the next financial year.
(2) The board of directors shall within two months after receipt
of the estimates referred to in subsection (1) cause to be submitted to
Parliament for approval the estimates of income and expendituresapproved by the board of directors.
24. Bank accounts
The Bureau shall with the authority of the Accountant General open
and maintain such bank accounts as are necessary for theperformance of its functions.
25. Financial year of the Bureau
‘The financial year of the Bureau shall be the same as the financial
year of Government.
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26. Accounts
(1) The Executive Director shall cause to be kept, proper books
of accounts and records of the transactions of the Bureau.
(2) The Board shall cause to be prepared and submitted to the
Minister and Secretary to the Treasury in respect of each financial
year, statement of accounts which shall include—
(a) a balance sheet, statement of income and expenditure and a
statement of surplus or deficit; and
(b) any other information in respect of the financial affairs of
the Bureau as the Minister responsible for finance may, inwriting require.
27. Audit
(1) The Auditor General or an auditor appointed by the Auditor
General shall, in each financial year, audit the accounts of the Bureau.
(2) The Bureau shall ensure that within four months after the end
of each financial year, a statement of accounts under section 26 is
submitted for auditing to the Auditor General or an auditor appointedby the Auditor General.
(3) The Auditor General and an auditor appointed by the Auditor
General shall have access to all books of accounts, vouchers and otherfinancial records of the Bureau, and is entitled to any information andexplanation required in relation to those records.
(4) The Auditor General or an auditor appointed by the Auditor
General shall, within four months after receipt of the statement ofaccounts, under subsection (2) deliver to the Bureau a copy of theaudited accounts together with a report on the accounts.
28. Annual report
(1) The Board shall, within three months after the end of each
financial year submit to the Minister the annual report of the activitiesof the Bureau.
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(2) The Minister shall, within one month after the receipt of the
annual report from the Bureau, submit the report to Cabinet.
P
ART VIII—R EGISTRATION AND INCORPORATION OF
NON -G OVERNMENTAL ORGANISATIONS
29. Registration of organizations with the Bureau
(1) Any person or group of persons incorporated as an
organization shall register with the Bureau.
(2) An application made under subsection (1) shall be
accompanied by—
(a) evidence of statements made in the application as the
Minister may prescribe by regulations;
(b) a certificate of incorporation;
(c) a copy of the organisation’s constitution;
(d) Evidence of payment of the prescribed fee.
(3) Upon compliance with the requirements of sub section (2),
the Bureau shall register the organization.
(4) An organization that has been registered remains registered
until—
(a) its registration is cancelled in terms of this Act;
(b) the organization is voluntarily deregistered; or(c)the organization is wound up or dissolved.
30. Refusal to register
(1) An organization shall not be registered under this Act—
(a) where the objectives of the organization as specified in its
constitution are in contravention of the laws of Uganda;
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(b) where the application for registration does not comply with
the requirements of this Act;
(c) where the applicant has given false or misleading
information in any material particular.
(2) Where the Bureau refuses to register an organization under
sub section (1), the Bureau shall inform the applicant in writing of thereasons for the refusal within thirty days.
31. Application and Issuance of permit
(1) An organization shall not operate in Uganda without a valid
permit issued by the Bureau.
(2) An organization shall apply to the Bureau for a permit, and
the Bureau shall, within forty five days issue a permit subject toconditions or directions stipulated by this Act.
(3) An application made under this section shall be in a form as
the Minister may by regulations prescribe.
(4) An application made under this section shall specify—
(a) the operations of the organization;
(b) the areas where the organisation may carry out its activities;(c) staffing of the organisation;
(d) geographical area of coverage of the organisation;
(e) location of the organisation’s headquarters; and
(f) date of expiry of the previous permit.
(5) An application made under subsection (2) shall be
accompanied by evidence of payment of the prescribed fee;
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(6) Subject to the provisions of this section, the board may issue
an Organization with a permit to operate for a period not exceedingfive years at a time.
32. Renewal of a permit
(1) Subject to section 31, an organization shall apply for renewal
of a permit within six months before the expiry of its permit.
(2) an organization applying for renewal of a permit will comply
with subsection (4) of section 31.
(3) the bureau shall renew a permit if it is satisfied that the
organization has complied with the requirements of the permit andthis Act.
(4) an organization that wishes to change the conditions of the
permit, or the area of focus or the geographical area of focus shallapply to the bureau to have its permit reviewed.
(5) The Bureau may review and renew the permit for an
organization applying under subsection (4)of this section.
(6) An organisation whose permit expires, but continues to
operate without renewal of its permit will be fined 10 currency points
in case of CBOs and 100 currency points for any other organisation,for every month of operation in default of renewal of the permit.
33.Grounds for revocation of a permit
(1) The Bureau may revoke the permit of an organisation if—
(a) the organisation does not operate in accordance with its
constitution;
(b) the organisation contravenes any of the conditions or
directions specified in the permit.
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(2) Before the Bureau revokes a permit under this section, it
shall by notice in writing request the holder of the permit to showcause why the permit should not be revoked within thirty days fromthe date of notice.
(3) Where the Bureau revokes a permit under this section, it shall
inform, in writing, the holder of the permit of the reason why thepermit has been revoked.
(4) Where the Bureau revokes a permit of an organization under
this section, the organization shall, subject to the conditions for grant
of a permit under this Act, be allowed to re-apply for a permit.
34. Registration of organizations incorporated outside Uganda
(1) Any organization incorporated outside Uganda which
intends to operate in Uganda shall apply to the Bureau to be registeredand issued with a permit.
(2) An application made under subsection (1) shall be—
(a) accompanied by the prescribed fee;(b)a certified copy of certificate of incorporation from the
country of incorporation;
(c)a certified copy of its constitution, or charter or documents
governing the organization
(3) Subject to fulfilment of the requirements under subsection
(2), the Bureau may proceed to register and issue a permit to such an
organization.
35.Exemption of organizations
(1) The Minister may in an emergency situation, and in
consultation with the Bureau, exempt an organization from the
requirements of registration and issuance of a permit.
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(2) Any exemption made under sub section (1) shall not include
payment of prescribed fees.
(3) Subject to sub-section (1), the minister shall issue a
provisional permit for the exempted organisation to operate for aperiod not more than six months.
P
ART IX—S ELF -R EGULATION , A DMINISTRATIVE AND REPORTING
OBLIGATIONS
36. Interpretation
For purposes of this part—
(a) “Self-regulatory body” refers to a body set up by registered
organizations that have come together and agreed that thebody exercises some degree of regulatory authority overthem upon consenting or resolving that they would abide bya set code of conduct, rules and procedures;
(b)“Self-regulatory mechanism” means self-regulatory tools,
rules and standards that organizations adopt to govern them
in an agreed set up.
37. Formation of self-regulatory body
(1) Two or more organisations may form a self-regulating body.
(2) A self-regulatory body shall be registered with the Bureau.
(3) An application for registration under this section shall be
accompanied by—
(a) the resolution of each of the organisations forming the self-
regulatory body stating its willingness to be part of the self-regulatory body;
(b) the code of conduct of the self-regulatory body; and
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(c) any other information that the Bureau may reasonably
require.
(4) The code of conduct of a self-regulatory body shall be
adopted by a special meeting of the policy making organ of the self-
regulating body, attended by not less than three quarters of the votingmembers present.
(5) A self-regulatory body under this section shall adopt its own
structure, rules and procedure for the efficient administration of itsactivities.
38. Self-regulatory mechanism.
A self-regulatory body that has established a self-regulatory
mechanism shall inform the Bureau of its existence and mode ofoperations.
39. Annual returns, estimates and furnishing of information
(1) An organization shall, in accordance with the generally
accepted standards of accounting practice—
(a) keep accounting records of its income, expenditure, assets
and liabilities; and
(b) within six months after the end of its financial year, draw
up financial statements.
(2) An organization shall within two months after drawing up its
financial statements, submit to the Bureau a report stating whether ornot—
(a) the accounting policies of the organization are appropriate
and have been appropriately applied in the preparation ofthe financial statements; and
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(b) the organization has complied with the provisions of this
Act and of its constitution which relate to financial matters.
(3) An organization shall—
(a) submit to the Bureau annual returns and a report of the
audited books of accounts by a certified auditor;
(b) declare and submit to the District technical planning
committee, the DNMC and SNMC of the area in which itoperates, estimates of of its income and expenditure,budget, work plan, information on funds received and thesources of funds; and
(c) submit to the Bureau, DNMC and/or SNMC in the area of
operation, any other information that may be required.
(4) A Community Based Organisation shall—
(a) submit to the SNMC in the area of operation, annual returns
and a report of the audited books of accounts by a certifiedauditor;
(b) declare and submit to the SNMC its budget, work plan,
information on funds received and the sources of funds; and
(c)submit to the SNMC, any other information that may be
required.
P
ART X—O FFENCES AND PENALTIES
40.Offences and Penalties
(1) An organization or a person commits an offence who—
(a) on being required to do so, fails or refuses to produce to the
Bureau a certificate, permit, constitution, charter or otherrelevant document or information relevant for the purposesof this Act;
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(b) knowingly gives false or incomplete information for the
purpose of obtaining a permit or other requirement;
(c) operates contrary to the conditions or directions specified in
its permit; or
(d) engages in any activity that is prohibited by this Act.
(2) Any person who contravene subsection (1) above commits
an offence and shall be liable to a fine not exceeding seventy twocurrency points or to imprisonment for a term not exceeding three
years or both, and in the case of a continuing offence, to a further finenot exceeding fifteen currency points for each day during which the
offence continues after conviction.
P
ART XI—M ISCELLANEOUS
41.Inspection
(1) An inspector may, at any reasonable time inspect the
premises of an organisation and may request for any information that
appears to him or her necessary for purposes of giving effect to thisAct.
(2) An inspector may, investigate any matter for the purpose of
ensuring compliance with this Act and may subject to the power ofthe Director of Public Prosecutions under Article 120 of theConstitution prosecute any person for an offence alleged to be
committed under this Act.
(3) subject to the provisions of this section, the Bureau may
designate from among its officers such number of inspectors as arenecessary for carrying out the purposes of this section.
(4)A person designated as inspector, shall be Gazetted in the
national Gazette.
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(5) Notwithstanding the powers given to an inspector under this
section, no inspection shall be done without prior notice of at least
three days being given to an organization stating the time and purposeof the inspection.
(6) For purposes of this section, reasonable time refers to hours
of 8:00am to 5:00pm on working days.
(7) A person who—
(a) without any lawful excuse denies an inspector access to any
property, books of account, records, returns, document orinformation requested for under this section;
(b) knowingly presents to the inspector a false or fabricated
document or makes a false statement with intent to deceiveor mislead the inspector;
(c) without reasonable excuse, refuses or fails to comply with
any order or direction of the inspector;
commits an offence and is liable on conviction to a fine not twenty
four currency points or to imprisonment not exceeding one year, orboth.
42. Protection from liability
A member of the board of directors, an officer or an employee of the
Bureau or a person acting on the directions of the Bureau is notpersonally liable for any act or omission done or omitted to be donein good faith in the exercise of the functions of the Bureau.
43. Assistance to the Board
Ministries, Departments and Agencies of Government shall afford the
Bureau all necessary assistance for purposes of giving full effect tothis Act.
44.Special obligations
An organisation shall—
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(a) not carry out activities in any part of the country, unless it
has received the approval of the DNMC and LocalGovernment of that area and has signed a memorandum of
understanding with the Local Government to that effect;
(b) not extend its operations to any new area beyond the area it
is permited to operate unless it has received arecommendation from the Bureau through the DNMC ofthat area;
(c) co-operate with local councils in the area of its operation
and relevant DNMC and SNMC;
(d) not engage in any act which is prejudicial to the security
and laws of Uganda;
(e) restrict its operations to the area of Uganda in respect of
which it is permitted to operate;
(f) not engage in any act, which is prejudicial to the interests
of Uganda and the dignity of the people of Uganda;
(g) be non-partisan and shall not engage in fundraising or
campaigning to support or oppose any political party or
candidate for an appointive office or elective political
office, nor may it propose or register a candidate for
elective political office; and
(h) have a memorandum of understanding with its donors,
sponsors, affiliates, local and foreigner partners, if any,
specifying the terms and conditions of ownership,
employment, resources mobilised for the organisation and
any other relevant matter.
45. Staffing of organisations
An organisation shall comply with the following in respect to
staffing—
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(a) at the time of applying for registration, submit to the
Bureau a chart showing its organisational structure asstipulated in its constitution accompanied by a statement—
(i) specifying its foreign staff requirements where
necessary;
(ii) indicating its requirements of Ugandan counterparts of
the foreign employees; and
(iii) indicating the period for the replacement of its foreign
employees with qualified Ugandans.
(b) comply with any written law in Uganda relating to labour
and employment services;
(c) shall not employ a person who is not a citizen of Uganda
unless that person has, before proceeding to Uganda for thepurposes of the employment by the organisation, submitted
to the Ugandan diplomatic mission in his or her country oforigin for transmission to the Government of Uganda forconsideration, for his or her suitability for theemployment—
(i) certified details of his or her certificates, credentials
and recommendations of his or her academic andprofessional qualifications and proven workexperience; and
(ii) a certificate of clearance of no criminal record from
his or her country of origin; and
(d) ensure that any remuneration including salaries,
allowances, fringe benefits and other terms and conditions
of service of the Ugandan employees of the organisationare reasonably comparable to those for the time beingprevailing in the employment market in Uganda orreasonably comparable to those of their foreigncounterparts.
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46. Business operations of organisations
(1) An organisation or a member or employee of the organisation
shall not use the organisation directly or indirectly to engage in anygainful activities for individual interest, except for the economic
interest of the organisation or in fulfilling its objectives.
(2) An organisation shall open and maintain a bank account.
(3) Where an organisation receives monies in foreign currency,
it shall open and operate a foreign currency bank account with a bankin which the currency shall be deposited and through which thetransactions shall be conducted.
(4) Except for fundraising purposes, where an organisation sells
any goods or services to the public or to any other organisations, theprices of the goods and services shall be in conformity with the prices
if any, prescribed by the Government for those goods and services orconformity with the open market prices in respect of those goods andservices for the time being obtaining in Uganda.
(5) Any sum of money received from the sale of any goods or
services under subsection (4) in excess of the administrative costsincurred in the sale shall be reinvested in the project or as directed by
the organisation.
47. Affiliated organisations
(1) An organisation which is affiliated to another organisation
registered under this Act shall not operate in Uganda, unless it hasitself been duly registered under this Act.
(2) For purposes of this section, affiliated organization means an
organization which is formally or closely connected to or controlled
by a nationally or internationally incorporated organization or group.
48. Dissolution
The dissolution of an organisation may be either—
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(a) voluntary; or
(b) by Order of Court.
49. Voluntary dissolution
(1) Members of the organization may by resolution in
accordance with the constitution of the organization, dissolve theorganization.
(2) voluntary dissolution of the organization shall be taken to
have commenced at the time of passing the resolution under subsection (1).
(3) where an organization passes a resolution for voluntary
dissolution, it shall, within fourteen days after passing theresolution—
(a) inform the Bureau of the resolution and the reasons for the
resolution; and
(b) publish the resolution in the Gazzette and in any newspaper
with wide circulation in Uganda.
(4) A resolution for voluntary dissolution shall be registered
with the Bureau and a copy sent to the official receiver within sevendays after the date of passing the resolution.
(5) Where default is made in complying with this section, the
organization and every officer of the organization who defaults
commits an offence and shall be liable to a fine not exceeding thirtycurrency points.
(6) An organization that has made a resolution for voluntary
dissolution shall develop and submit to the Bureau and to the officialreceiver a statement of its affairs showing particulars of assets,
liabilities, names, residence and occupation of the creditors and thesecurities held by them.
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50. Dissolution by court
(1) The jurisdiction in dissolution matters shall be exercised by
the High Court.
(2) Any person, organization or bureau may apply to court for an
order of dissolution of an organization, on any of the followinggrounds—
(a) defrauding the public,
(b) threatening national security,
(c) gross violation of the laws of Uganda
(3) where a person lodges a complaint against an organization
under sub-section(2) above, court shall inquire into the affairs of the
organization.
(4) Where an organization is found guilty of any of the grounds
stipulated in sub section (2), court shall move to dissolve the
organization.
(5) It is an offence to cause an organization, when it is being
wound up or dissolved, to transfer its remaining assets otherwise thanin the manner contemplated by this Act and the laws of Uganda.
51. Composition or scheme of arrangement
(1)An organization that makes a resolution for voluntarily
dissolution shall make a scheme of arrangement showing how the
organization intends to deal with its assets and liabilities.
(2) The scheme of arrangement shall be submitted to the official
receiver and a copy shall be given to the Bureau.
(3) For avoidance of doubt the scheme in subsection (1) shall
consider the liabilities in accordance with the constitution of theorganization.
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(4) The official receiver shall have powers to vary the scheme
where he or she is of the view that the scheme may not meet the needsof all the creditors.
(5) The official receiver or a person appointed by court shall
oversee the disposal of assets and liabilities of the organization inaccordance with the scheme or the direction of court.
(6) where the organization has met the requirements of this Act,
and the provisions set out in the scheme of arrangement, the membersof the organization shall apply to court for an order of dissolution.
52. Adjudication and Appeals mechanism.
(1) A person aggrieved by a decision of the SNMC or DNMC
under sections 20 and 21 of this Act, shall appeal—
(a) from a decision of SNMC to DNMC;(b) from a decision of DNMC to the Bureau.
(2) Where the DNMC or Bureau makes a decision against any
organization, it shall in writing inform the organization of the reasonfor the decision.
53. Adjudication Committee .
(1) There is established an adjudication committee to handle
appeals by persons aggrieved by a decision of the Bureau.
(2) The Minister shall constitute the adjudication committee by
appointing its members to serve on terms and conditions specified inthe instrument of appointment.
(3) The adjudication Committee shall be constituted as
follows—
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(a) a chairperson who shall be an advocate of the High Court
of not less than ten years standing;
(b) a representative of organizations;
(c) a representative of the Bureau; and(d)two senior citizens.
(4) Upon any complaint or appeal being made to the
adjudication committee, the adjudication committee may—
(a) confirm, set aside, vary or quash the decision in question;
(b) require the Bureau to revise or review its decision; or
(c)make such other order as may be appropriate in the
circumstances.
(5) A person who is dissatisfied with the decision of the
adjudication committee established under subsection (1) may appealto the High court.
(6) The Minister shall publish the general rules and guidelines to
be used by the adjudication committee in execution of their functionsunder this Act;
54.Minister’s Powers
The Minister may, subject to this Act, give to the Bureau written
instructions of a general or specific nature relating to its functions to
which it shall be bound to comply.
55. Regulations
(1) The Minister may, after consultation with the Bureau, make
regulations for giving full effect to this Act.
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(2) Without prejudice to the general effect of subsection (1),
regulations made under subsection (1) may prescribe the following—
(a) the form of application for registration;
(b) the form of a permit;
(c) the form of application for renewal of a permit;
(d) different fees for foreign, indigenous, continental, regional
and international organisations for purposes of applicationfor registration and application for renewal of permits;
(e) the manner in which the organisation shall—
(i) be wound up when it ceases to operate;
(ii) carry out a search at the Board;
(iii) regulate itsself;
(iv) acquire tax exemption;(v)submit annual returns;
(vi)replace its permit in case of loss or damage;
(vii) notify the board on changes within the organisation
and its constitution.
(f) terms and conditions that may be specified in the permit;
(g) the manner in which the Bureau shall handle complaints;
(h) fees for services rendered by the Bureau; and
(i) anything that is required or authorised to be prescribed
under this Act.
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(3) The Minister may, by statutory instrument amend schedule 1
to this Act, with the approval of Cabinet.
(4) Regulations made by the Minister under this section shall be
laid before Parliament.
56. Repeal of the Non-Governmental Organisations Act, Cap.
113 and savings
(1) The Non-Governmental Organisations Act, Cap. 113 is
repealed.
(2) Any statutory instrument made under the Non-Governmental
Organisations Act, Cap 113, repealed under subsection (1) and whichis in force immediately before the commencement of this Act, shallremain in force, so far as it is not inconsistent with this Act, until it isrevoked by a statutory instrument made under this Act and until thatrevocation, shall be deemed to have been made under this Act.
P
ART XII—S AVINGS AND TRANSITIONAL
57. Vesting of assets and liabilities
On the commencement of this Act—
(a) all property and assets vested in the Board before the
commencement of this Act shall be vested in the Bureausubject to all interests, liabilities, obligations and trustsaffecting the property;
(b) any money held by or on account of the Board shall vest in
the Bureau;
(c) all contracts, agreements and undertakings made by the
Board and all securities lawfully given to or by it and inforce immediately before the commencement of this Acthave effect as contracts, agreements and undertakings by
and with the Bureau and may be enforced by and againstthe Bureau.
(d) any proceedings commenced by or against the Board may
be continued by or against the Bureau.
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58. Continuation of the Bureau and employment of employees of
the Board.
(1) Notwithstanding the repeal in section 56(1), the Board
established under the Non-Governmental Organisations Act, Cap.
113, shall continue to operate until the Minister appoints the board ofdirectors, under section 9 of this Act.
(2) On the commencement of this Act—
(a) every person who, immediately before the commencement
of this Act was employed by the Board becomes anemployee of the Bureau and shall continue to be employedby the Bureau;
(b) the terms and conditions, including the salary, on which a
person referred to in subsection (1) was employedimmediately before the commencement of this Act, shall be
no less favourable than those that applied to that person’s
office immediately before the commencement of this Act;and
(c) there is no break or interruption in the employment of such
person because of the enactment of this Act.
(3) Subject to subsection (1) (b), the terms and conditions of any
employment referred to in subsection (1) may be varied after thecommencement of this Act.
(4) Nothing in this Act affects the pension rights under the
Pensions Act of any person referred to in subsection (1).
59. Continuation of operation of organisations
An organisation and CDO which existed immediately before the
commencement of this Act and to which section 2(1) of the Non-
Governmental Organisation Act, Cap. 113 applied, before thecommencement of this Act, may continue to operate.
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SCHEDULE 1
Sections 3, 37
CURRENCY POINT
A currency point is equivalent to twenty thousand shillings.
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SCHEDULE 2 Section 12
MEETINGS OF THE BOARD DIRECTORS
1. Meetings of the board of directors
(1) The Chairperson shall convene meetings of the Board, and the
Board shall meet at least once every three months at such places and at suchtimes as may be decided upon by the Board.
(2) The chairperson or in his or her absence the vice chairperson shall
preside at every meeting of the Board and in the absence of both the Chairperson and vice chairperson; the members present shall elect from among
their number, an acting chairperson.
(3) The Chairperson may, at any time, convene special meeting of the
Board.
(4) with the exception of a special meeting, notice of the board of
directors meeting shall be given in writing to each member at least fourteenworking days before the day of the meeting.
2. Quorum
The quorum for a meeting of the board of directors is 5 members.
3. Minutes of meetings.
(1) The board of directors shall cause to be recorded and kept, minutes
of all meetings of the board of directors in a form approved by the board ofdirectors.
(2) The minutes recorded under this paragraph shall be submitted to
the board of directors for confirmation at its next meeting following that towhich the minutes relate and when so confirmed, shall be signed by theChairperson and the Secretary to the Bureau, in the presence of themembers present at the latter meeting.
4. Decision of the Board
(1) All decisions at a meeting of the Board shall be by simple majority
of the votes of the members present and where there is an equality of votes,the person presiding at the meeting shall have a casting vote.
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(2) A decision reached by the Board shall be binding on all members.
5. Power to co-opt
(1) The board of directors may co-opt any person who, in the opinion
of the board of directors, has expert knowledge concerning the functions ofthe board of directors, to attend and take part in the proceedings of the boardof directors.
(2) A person co-opted under subparagraph (1) may take part in any
discussion at the meeting of the board of directors on which his or heradvice is required but shall not have any right to vote at that meeting.
6. Disclosure of interest of members
(1) A member of the board of directors who is in any way directly or
indirectly interested in a contract made or proposed to be made by the boardof directors, or in any other matter which falls to be considered by the boardof directors, shall disclose the nature of his or her interest at a meeting ofthe board of directors.
(2) A disclosure made under subparagraph (1) shall be recorded in the
minutes of that meeting.
(3) A member who makes a disclosure under subparagraph (1) shall
not—
(a)be present during any deliberation of the board of directors with
respect to that matter; or
(b)take part in any decision of the board of directors with respect to
that matter.
(4) For purposes of determining whether there is a quorum, a member
withdrawing from a meeting or who is not taking part in a meeting undersubparagraph (3) shall be treated as being present.
7. The board of directors may regulate their own procedure
Subject to this Act, the board of directors may regulate their own procedure
or any other matter relating to its meetings.
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Cross References
Public Finance Management Act, Act. No. 3 of 2015.
Pensions Act, Cap. 286
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